Effective 25th May 2018
351A BIRCHFIELD ROAD
BIRMINGHAM B20 3BJ
0121 356 7930
UK Data Privacy/Data Protection Law will change significantly on 25th May 2018.
The General Data Protection Regulation (or GDPR for short) is a positive step towards you having more control over how your data is used and how you are contacted by us.
If you are an individual, the rights you have under the GDPR include the following:
The right to be informed
The right of access
The right to rectification
The right to erasure
The right to restrict processing
The right to data portability
The right to object
Rights in relation to automated decision making and profiling.
The changes will also help to better protect your Personal Data. We have therefore updated our privacy notice to reflect these changes.
We use your personal data to help us provide an excellent client service, which includes tailoring the information we share with you to help ensure that it’s relevant, useful and timely.
We will respect your privacy and work hard to ensure we meet strict regulatory requirements.
We will not sell your personal data to third parties.
We will provide you with easy ways to manage and review your marketing choices if you receive direct marketing communications from us.
We are a firm that is regulated by the Solicitors Regulation Authority (SRA). As you might expect, we are already subject to strict rules of confidentiality. It is therefore already part of the fabric and culture of our firm to keep your information private and secure.
We would ask you to help us keep your data secure by carefully following any guidance and instructions we give e.g. communicating bank account details and transferring funds to us.
We are sometimes obliged to share your Personal Data with external authorities without notifying you e.g. as required by the Anti-Money Laundering & Counter Terrorist Financing Act 2017. In all other cases, we will be transparent, and we will explain to you why we are requesting your data and how we are using it.
Lawful Bases for Processing your Data
The new law states that we are allowed to use personal information only if we have a proper and lawful reason to do so. This includes sharing it with others outside the firm e.g. an auditor of a relevant quality standard.
The GDPR says we must have one or more of these reasons:
Contract: the processing is necessary for a contract we have with an individual, or because they have asked us to take specific steps before entering into a contract.
Legal obligation: the processing is necessary for you to comply with the law (not including contractual obligations).
Legitimate interests: the processing is necessary for our legitimate interests or the legitimate interests of a third party unless there is a good reason to protect the individual’s personal data which overrides those legitimate interests.
Consent: the individual has given clear consent for us to process their personal data for a specific purpose.
A legitimate interest is when we have a business or commercial reason to use your information.
Here is a list of all the ways that we may use your personal data, and which of the reasons we rely on to do so.
Types of Personal Data we process
Sources of Data
Who we share your Data with
Subject to the SRA Code of Conduct and the requirements with regard to client confidentiality, we may share your personal information with:
Lawyers or other organisations on the other side of a matter or case
Barristers or experts we instruct
The courts and other tribunals
Your Personal Representatives or Attorneys
Estate Agents, IFAs, Referrers, etc
Organisations that we introduce you to.
HM Revenue and Customs
The government both Central and Devolved
Fraud Prevention Agencies including the National Crime Agency
The SRA and other regulators
ID checking organisations
We do not use automated decision-making systems. All decisions relating to you and your matter are made by a person.
Personal Data we use
We typically will use the following types of personal data:
Date of Birth
Contact details such as phone numbers and email addresses
Bank details and account information
Medical information (where applicable)
Data that identifies you by cookies when you use our website
Sending Data outside the European Economic Area (EEA)
Unless you instruct us in a matter or case that involves an international element, we do not normally send your personal data outside the EEA. If we do, then we will seek your consent to do so, explain the risks to you and talk to you about potential safeguards depending on the country involved.
Your refusal to provide Personal Data requested
If you refuse to provide the information requested, then it may cause delay and we may be unable to continue to act for you or complete your matter.
We may from time to time send you letters or emails about changes in the law and suggestions about actions that you might consider taking in the light of that information e.g. reviewing your will. We will send you this marketing information either because you have consented to receive it or because we have a “legitimate interest”.
You have the right to object and to ask us to stop sending you marketing information by contacting us at any time. You can of course change your mind and ask us to send the information again.
Where we store your personal data
How We Protect Your Information
We are concerned with protecting your privacy and data. When you enter sensitive information (such as log in credentials) or contact form submissions, we encrypt that information using secure socket layer technology (SSL). No method of transmission over the Internet or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security.
How long we keep your personal information
We are legally obliged to keep certain information for at least 5 years and typically store your file for 6 years before destroying it.
In some cases, e.g. Legal Aid Matters we are obliged to keep your files for a longer period of time, this period will be set out in our closing letter to you.
We will store Wills and other documents indefinitely.
We will keep your name and personal contact details on our database until you tell us that you would like them removed e.g. where you have changed solicitor.
How to get a copy of your Personal Information
If you wish to access your personal data then write to:
MI SOLICTORS – MOHAMMED IMRAN HUSSAIN
Data Protection Officer/COLP
TO THE ADDRESS PROVIDED AT THE START OF THIS DOCUMENT
Telling us if your Personal Information is incorrect (The right to rectification)
If you think any information we have about you is incomplete or wrong, then you have the right to ask us to correct it. Please contact us as above.
As mentioned above you also have other rights, namely
The right to erasure
The right to restrict processing
The right to data portability
You have the right to ask us to delete (erase) or stop us using your data if there is no longer any need for us to keep it (e.g. under a legal obligation).
In terms of data portability then subject to any lien we may enjoy for non-payment of fees, we will comply promptly (where permitted) to your request to transfer your physical paper file to another solicitor upon receipt of your signed consent. If your file is in electronic format we will take reasonable steps to export the file to a “portable format” where possible so that your new solicitor can upload it to their system. As many different IT systems are used by the legal profession we cannot guarantee that we can provide data in a compatible format.
GDPR in some cases requires us to obtain your explicit consent i.e.
(a) the racial or ethnic origin of the data subject,
(b) his political opinions,
(c ) his religious beliefs or other beliefs of a similar nature,
(d) whether he is a member of a trade union (within the meaning of the Trade Union and Labour Relations (Consolidation) Act 1992),
(e) his physical or mental health or condition,
(f) his sexual life,
(g) the commission or alleged commission by him of any offence, or
(h) any proceedings for any offence committed or alleged to have been committed by him, the disposal of such proceedings or the sentence of any court in such proceedings.
Where acting for you involves us processing such data we will seek your explicit consent e.g. when we plan to obtain your medical records.
You have the right to withdraw your consent by contacting us as stated above.
However, if you do so then we may not be able to progress you case or indeed continue to act for you.
How to Complain
If you are unhappy about how we are using your Personal Data then you can complain to us using the contact information above.
You also have the right to complain to the Information Commissioner’s Office (ICO). Further details on how to raise a concern with the ICO can be found on the ICO’s website: https://ico.org.uk/concerns
Cookies are small files that store information on your hard drive or browser that means that our website can recognise that you have visited our website before. Cookies can’t harm your computer.
This website, like majority of other websites, stores and retrieves information on your browser using cookies. This information is used to make the site work as you expect it to. It is not personally identifiable to you, but it can be used to give you a more personalised web experience.
You can, if you really want to, disable the cookies from your browser and delete all cookies currently stored on your computer. Your cookie settings are set separately for each different device, computer or browser and if you want to change your cookie settings you will need to do so for each device, computer or browser.
If you disable cookies, you’ll still be able to browse the site but you will not be able to use all the features and the website may not work as intended to. Most web browsers have cookies enabled by default, if you want to review your cookie setting please see the section entitled Managing cookies.
Further reading about Cookies:
Information about cookies
More information about cookies is available at:
Internet Advertising Bureau
A guide to behavioural advertising and online privacy produced by the internet advertising industry is available at:
Please note that we take no responsibility for the content of these or any other third party websites.
Cookies which we may use?
These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site may not work then.
Performance Cookies & Third Party Cookies
These cookies allow our website to count visits and traffic sources, so we can determine and improve the performance of our site. They help us know which pages are the most and least popular and see how visitors move around our website. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies, we will not know when you have visited our site. Third party cookies may include Google Analytics and Bing, Facebook and other search engines and service providers.
Updating this Notice
We will, from time to time, update this Privacy Notice after 25th May 2018 to reflect emerging ICO and Working Party 29 guidance, requirements of the new Data Protection Act and any other relevant changes in the law or regulations. We will also seek to learn from any published cases of Data Protection breaches.